News & Analysis as of

California Environmental Quality Act Environmental Impact Report (EIR)

Miller Starr Regalia

Fourth District Holds Addendum Process Authorized By CEQA, No New Findings Required

by Miller Starr Regalia on

The Fourth District Court of Appeal (Div. 1) held in a published opinion filed October 24, 2018, that CEQA Guidelines § 15164 validly establishes an addendum process that is consistent with the CEQA statute, implementing and...more

Downey Brand LLP

Fourth District Upholds San Diego’s Addendum for Balboa Park Revitalization Project, Validates the CEQA Addendum Process

by Downey Brand LLP on

On October 24, 2018, the Fourth Appellate District upheld the trial court’s decision in Save Our Heritage Organization v. City of San Diego (D073064), finding that the use of an addendum as outlined in section 15164 of the...more

Perkins Coie

Possibility that Zoning Standards Might Be Violated in Final Design Did Not Mandate EIR at Tentative Map Stage

by Perkins Coie on

A project opponent’s argument that the project might violate zoning laws in the future is not sufficient to require a city to prepare an EIR under CEQA. Friends of Riverside’s Hills v. City of Riverside, 26 Cal.App.5th 1137...more

Downey Brand LLP

California Supreme Court Hears CEQA Appeal Questioning the Appropriate Legal Standard of Review for EIR Challenges and the Need...

by Downey Brand LLP on

On October 2, after waiting over three-and-a-half years, the California Supreme Court finally heard oral arguments in Sierra Club et al. v. County of Fresno et al. (Case No. S219783). This case, which challenges an EIR...more

Perkins Coie

Seven-Year Extension of Diablo Canyon Lease Held Exempt from CEQA

by Perkins Coie on

A court of appeal has rejected CEQA and public trust challenges to a State Lands Commission lease extension allowing the Diablo Canyon nuclear power plant to continue operating through 2025. World Business Academy v....more

Miller Starr Regalia

Fourth District Holds San Diego County’s Threshold of Significance for Evaluating GHG Impacts Violates CEQA And Prior Writ

by Miller Starr Regalia on

In a published opinion filed in consolidated appeals on September 28, 2018, the Fourth District Court of Appeal (Div. 1) affirmed the trial court’s judgment invalidating San Diego County’s adoption of a 2016 Guidance Document...more

Miller Starr Regalia

Fourth District Holds CEQA Challenge To Ministerial Approval Of Development Project Modifications Barred By Res Judicata, Water...

by Miller Starr Regalia on

“Birds of a feather flock together.” — Proverb - The Fourth District Court of Appeal (Div. 2) affirmed a judgment entered after the sustaining of a demurrer without leave, holding that a mandate action brought by The...more

Perkins Coie

Negative Declaration Survives Challenge Based on Non-Expert Opinion About Noise Impacts

by Perkins Coie on

Claims of significant noise impact unsupported by expert opinion, fact, or reasonable inference did not provide grounds for challenging a negative declaration, the court of appeal held in Jensen v. City of Santa Rosa, 23 Cal....more

Miller Starr Regalia

Arguing Impacts By Proxy: Fourth District Holds CEQA Does Not Require EIR Absent Evidence That Subdivision Approval Actually...

by Miller Starr Regalia on

In an opinion filed August 10, and later ordered published on September 7, 2018, the Fourth District Court of Appeal (Div. 2) affirmed a judgment denying Friends of Riverside’s Hills’ (FRH) writ petition challenging a...more

Latham & Watkins LLP

California Court of Appeal Overturns Specific Plan EIR for Inadequate Air Quality Impact Mitigation

by Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued July 10, 2018, Sierra Club v. County of Kern, Case No. F071133, the California Court of Appeal reversed the trial...more

Miller Starr Regalia

More Mild Than Wild: Legislature Tinkers With Modestly Reforming Scope Of CEQA Analysis In Two New Laws

by Miller Starr Regalia on

On September 7, 2018, Governor Brown signed two bills amending CEQA in relatively minor ways that will become effective January 1, 2019. AB 2341 (Chapter 298) (Mathis) adds Public Resources Code § 21081.3 to provide that...more

Miller Starr Regalia

Second District Applies CEQA’s “Subsequent Review” Rules to Uphold EIR Addendum for Revised Target Superstore Project Including...

by Miller Starr Regalia on

In a lengthy published opinion filed August 23, 2018, the Second District Court of Appeal reversed the trial court’s judgment, and upheld the City of Los Angeles’ addendum to a prior project-level EIR for a Target Superstore...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, September 2018

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Latham & Watkins LLP

California Court of Appeal Rejects City’s MND in Historic District Due to Aesthetic and Traffic Impacts

by Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In an opinion published on August 9, 2018, Protect Niles v. City of Fremont, Case No. A151645, the First Appellate District of the California Court...more

Latham & Watkins LLP

California Court of Appeal Ruling Exempts Parking Requirements From CEQA Review

by Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In a published opinion issued February 28, 2018, Covina Residents for Responsible Development v. City of Covina, Case No. B279590, the Court of...more

Latham & Watkins LLP

California Appeals Court: Petitioner Must Show Prejudice for Brown Act Violation

by Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued January 31, 2018, Citizens for Open & Public Participation v. City of Montebello, Case No. B277060, the California...more

Best Best & Krieger LLP

Court Upholds Approval Of Superstore Zoning Ordinance - California Appellate Court Supports The Broad Use Of CEQA Addenda

by Best Best & Krieger LLP on

In a victory for public agencies, a California appellate court ruled that, when an agency has prepared an environmental impact report for a project under the California Environmental Quality Act that is relevant to a...more

Miller Starr Regalia

“Growing Pains”: First District Holds Program EIR for San Francisco’s General Plan Housing Element Amendment Complies with CEQA

by Miller Starr Regalia on

In a lengthy published opinion filed on August 22, 2018, the First District Court of Appeal (Div. 4) affirmed the trial court’s judgment rejecting various CEQA challenges to the City of San Francisco’s (“City”) Program EIR...more

Miller Starr Regalia

Context Matters: First District Holds CEQA Requires EIR, Not MND, To Analyze Mixed-Use Project’s Potentially Significant Aesthetic...

by Miller Starr Regalia on

In an opinion filed July 16, and belatedly ordered published on August 9, 2018, the First District Court of Appeal (Division 5) affirmed the trial court’s judgment setting aside the City of Fremont’s approvals of a mixed...more

Miller Starr Regalia

Second District Holds CEQA Does Not Apply to San Luis Obispo County’s Issuance of Well Construction Permits Under Its Ministerial...

by Miller Starr Regalia on

In an opinion filed June 28, and later ordered published on July 27, 2018, the Second District Court of Appeal (Div. 6) affirmed the trial court’s judgment dismissing on demurrer a writ petition seeking to compel the County...more

Latham & Watkins LLP

California Appeals Court: Statewide Emissions Goals May Inform Mitigation Measures

by Latham & Watkins LLP on

CEQA Case Report: Understanding the Judicial Landscape for Development - In an unpublished opinion issued May 18, 2018, Responsible Development for Water Tank Hill v. County of San Mateo, Case No. A150883, the California...more

Best Best & Krieger LLP

[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018

by Best Best & Krieger LLP on

This BB&K webinar provides a brief review of the latest developments in CEQA compliance. This webinar addresses both new CEQA statutory and regulatory requirements, and also discusses recent case law interpretations affecting...more

Latham & Watkins LLP

CEQA Case Report Year in Review 2017: Understanding the Judicial Landscape for Development

by Latham & Watkins LLP on

California higher courts rule in favor of public agencies on small majority of environmental impact report cases. Over the course of 2017, Latham lawyers reviewed all 46 California Environmental Quality Act (CEQA) cases,...more

Alston & Bird

Land Use Matters: Alston & Bird LLP, June 2018

by Alston & Bird on

Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions. Please...more

Downey Brand LLP

First Appellate District Upholds Several Aspects of the EIR Prepared for Phillips 66 Efforts to Enhance Recovery of Petroleum...

by Downey Brand LLP on

In a March 2018 decision, the First Appellate District examined several CEQA issues pertinent to petroleum refining and hazardous materials transport. In Rodeo Citizens Association v. County of Contra Costa, the appeals court...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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